User Terms of Service

Effective Date:

These Terms of Service (these “Terms”) govern a User’s (“You,” “Your,” or “User”) use of the products and services within the UpdateMyDoctor LLC (“UpdateMyDoctor,” “we,” “us,” or “our”) websites and applications, including, without limitation, [website URL], and any other website or online service that UpdateMyDoctor operates and that links to these Terms (collectively, the “UpdateMyDoctor Services”).

We may change these Terms or modify any features of the UpdateMyDoctor Services at any time. The most current version of these Terms can be viewed by clicking on the “Terms of Service” link posted at [website]. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the UpdateMyDoctor Services after a change to these Terms constitutes your binding acceptance of these Terms.

I. Acceptance of These Terms

Electronic Agreement

Terms are an electronic contract that sets out the legally binding terms of your use of the UpdateMyDoctor Services. These Terms may be modified by UpdateMyDoctor from time to time. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the UpdateMyDoctor Services or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the UpdateMyDoctor Services after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. These Terms incorporate by reference UpdateMyDoctor’s Privacy Policy and any notices regarding the UpdateMyDoctor Services or policies posted on the UpdateMyDoctor’s website.

Format of these Terms

By accessing the UpdateMyDoctor Services, you consent to have these Terms provided to you in electronic form. You may request a non-electronic copy of these Terms at any time. To receive a non-electronic copy of these Terms, please send an email to [email address] or a letter and self-addressed stamped envelope to: UpdateMyDoctor LLC, [street], [city], [state] [zip].

Withdrawing Your Consent

You have the right at any time to withdraw your consent to have these Terms provided to you in electronic form. To withdraw your consent, please send an email to [email address] or a letter and self-addressed stamped envelope to: UpdateMyDoctor LLC, [street], [city], [state] [zip]. Should you choose to withdraw your consent to have these Terms provided to you in electronic form, we will discontinue your then-current username and password, and you will not have the right to use the UpdateMyDoctor Services unless, and until, we issue you a new username and password. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.

II. Privacy

By using the UpdateMyDoctor Services, you consent to our processing your information consistent with our Privacy Policy. You authorize UpdateMyDoctor to use and publish any comments you choose to share about the UpdateMyDoctor Services, including comments shared in patient satisfaction surveys, unless otherwise specified. UpdateMyDoctor will only publish comments using your first name. If you choose to share your protected health information over email, telephone or video communications, you acknowledge that such email, telephone or video communications may not be encrypted and/or may not be a secure method of communication, and you assume the risk of such unsecured communications.

III. Important Information about Your Use of the Services

DO NOT USE THE UPDATEMYDOCTOR SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

UpdateMyDoctor does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself. UpdateMyDoctor does not give medical advice. All of the Providers are independent of UpdateMyDoctor and are merely using the UpdateMyDoctor Services to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from UpdateMyDoctor. Your interactions with the Providers via the UpdateMyDoctor Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s). Your relationship with the Providers is directly between you and the Provider. You will never have a physician-patient relationship with UpdateMyDoctor. UpdateMyDoctor does not practice medicine or any other licensed profession and offers no medical or other professional services.

Neither UpdateMyDoctor nor any of its licensors or suppliers or any third parties who promote the UpdateMyDoctor Services or provide you with a link to the UpdateMyDoctor Services shall be liable for any professional advice you obtain from a Provider via the UpdateMyDoctor Services nor for any information obtained from our other services. You acknowledge your reliance on any Providers or information provided by the UpdateMyDoctor Services is solely at your own risk, and you assume full responsibility for all risk associated therewith.

UpdateMyDoctor does not make any representations or warranties about the training or skill of any Providers using the UpdateMyDoctor Services. You are ultimately responsible for choosing your particular Provider.

You hereby certify that you are physically located in the state you have entered as your current location on the UpdateMyDoctor Services. You acknowledge that your ability to access and use the UpdateMyDoctor Services is conditioned upon the truthfulness of this certification and that the Providers you access through the UpdateMyDoctor Services are relying upon this certification in order to interact with you.

IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY UPDATEMYDOCTOR AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.

The UpdateMyDoctor Services are for your personal use only and may not be used in connection with any commercial endeavors. All use of the UpdateMyDoctor Services may be investigated, including, without limitation, to identify illegal or unauthorized use, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive action. Your use of the UpdateMyDoctor Services is with the permission of UpdateMyDoctor, which may be revoked at any time, for any reason, at UpdateMyDoctor’s sole discretion.

IV. Account Enrollment; Communications

To access Providers using the UpdateMyDoctor Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to these Terms on behalf of yourself or a minor child of whom you are a parent or legal guardian.

Electronic Notices

By using the UpdateMyDoctor Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the UpdateMyDoctor Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the UpdateMyDoctor Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email address] or [physical address].

Notification in Case of Breach

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify UpdateMyDoctor support (URL to website to send notifications). You will be solely responsible for the losses incurred by UpdateMyDoctor and others due to any unauthorized use of your account that takes place prior to notifying UpdateMyDoctor that your account has been compromised.

V. Prohibited Conduct

You may not access or use, or attempt to access or use, the UpdateMyDoctor Services to take any action that could harm us or any third party, interfere with the operation of the UpdateMyDoctor Services, or use the UpdateMyDoctor Services in a manner that violates any laws. For example, and without limitation, you may not:

• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the UpdateMyDoctor Services to anyone without prior express permission;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the UpdateMyDoctor Services or any activity conducted on the UpdateMyDoctor Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the UpdateMyDoctor Services; or
• engage in any other conduct that restricts or inhibits any person from using or enjoying the UpdateMyDoctor Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the UpdateMyDoctor Services for any or no reason at any time without notice.

VI. Intellectual Property Rights

UPDATEMYDOCTOR INTELLECTUAL PROPERTY

UpdateMyDoctor and/or its licensors are the owner of all right, title, and interest in and to the UpdateMyDoctor Services, including all rights to the information, content, design, software code, scripts, database structures, trademarks, copyrights, and other intellectual property included in or utilized by the UpdateMyDoctor Services, and any updates thereto (the “UpdateMyDoctor IP”). UpdateMyDoctor IP does not include any Content (defined below). UpdateMyDoctor IP is protected by applicable intellectual property and other laws, including laws governing patents, copyrights, trade secrets, trademarks, and unfair competition.

License to You

Subject to your ongoing compliance with these Terms, UpdateMyDoctor grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial use for lawful purposes.

Reservation of Rights Not Expressly Granted

UpdateMyDoctor reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the UpdateMyDoctor intellectual property.

Open-Source

The UpdateMyDoctor Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open-Source Components”). Although the UpdateMyDoctor Services are provided to you subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open-Source Components under the applicable third-party licenses or to limit your use of such Open-Source Components thereunder.

Content

UpdateMyDoctor Services permits You to answer questions, assessments, and or surveys (“Responses”) that are administered by Your provider. Other than these Responses, You are prohibited from uploading and publishing content to the UpdateMyDoctor Services. In the event that the UpdateMyDoctor Services enable you or other users (including Providers) to upload content to the UpdateMyDoctor Services, including messages, reviews, images, data, text, and other types of information (“Content”) and to publish Content on the UpdateMyDoctor Services, UpdateMyDoctor retains all rights in the Content that you post to the UpdateMyDoctor Services. Your PHI is not considered Content and UpdateMyDoctor Services does not retain any rights in it.

Content Representations and Warranties

You are solely responsible for your Content and the consequences of posting or publishing Content. By posting or publishing Content, you affirm, represent, and warrant that:

• you are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize UpdateMyDoctor and users of the UpdateMyDoctor Services (including Providers) to use and distribute your Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by the UpdateMyDoctor Services, UpdateMyDoctor, and these Terms; and
• your Content, and the use of the UpdateMyDoctor Services as contemplated by these Terms, do not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (3) cause UpdateMyDoctor to violate any law or regulation, including laws related to the privacy of personal or health information.

Content Disclaimer

UpdateMyDoctor is under no obligation to monitor, edit, or control Content that you or other users (including Providers) post or publish, and will not be in any way responsible or liable for Content or any failure to review or act upon Content. UpdateMyDoctor may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these Terms or is otherwise objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against UpdateMyDoctor with respect to Content. We expressly disclaim any and all liability in connection with Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.

You hereby consent to UpdateMyDoctor’s engagement of third parties (including UpdateMyDoctor’s affiliates and subsidiaries) to perform, provide, or support the performance or provision of, all or any portion of the UpdateMyDoctor Services, and they may receive access to your Content.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. The trade names, trademarks, service marks, logos, and slogans contained in the UpdateMyDoctor Services are the trade names, trademarks, service marks, logos and slogans of UpdateMyDoctor (each a “Mark” and collectively the “Marks”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the UpdateMyDoctor Services that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners.

Feedback

You may be asked to provide input, suggestions, and feedback on the UpdateMyDoctor Services and your UpdateMyDoctor experience (“Feedback”). This Feedback is always optional and your choice. If you choose to provide Feedback, then you hereby grant UpdateMyDoctor an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the UpdateMyDoctor Services and create other products and services. The Feedback may be hosted and stored at a third-party website. You agree to not provide any personally identifiable information when providing Feedback.

User-Collected Data

For the avoidance of doubt, UpdateMyDoctor, Providers, and Users shall have rights to use the User-Collected Data. A Provider only has rights to the User-Collected Data of its patients. A User only has rights to their own User-Collected Data. UpdateMyDoctor shall have rights to all User-Collected Data on the UpdateMyDoctor Services including but not limited to patient scorecards. As used herein, the “User-Collected Data” shall mean the PHI that is collected in connection with your use and/or a Provider’s use of the UpdateMyDoctor Services. In the event that you want access to your User-Collected Data, you should request such information from your Provider. UpdateMyDoctor shall use its reasonable efforts to provide the User-Collected Data as required by applicable law. As used herein, “PHI” shall mean individually identifiable health information, as that term is defined in 45 C.F.R. § 160.103.

Physician-Created Data

Further, nothing in these Terms shall prohibit UpdateMyDoctor from using the aggregated, non-personally identifiable data created, compiled, analyzed or otherwise collected by the Provider in its use of the UpdateMyDoctor Services (the “Physician Data”). Additionally, UpdateMyDoctor shall have the right to either provide or not provide the Physician Data to any third parties.

Automatically Collected Data

We may collect certain information automatically when you use the UpdateMyDoctor Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the UpdateMyDoctor Services, the date and time of your visit, information about the links you click and pages you view within the UpdateMyDoctor Services, and other standard server log information. We may also collect certain location information when you use our UpdateMyDoctor Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons”, “tracking pixels” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the UpdateMyDoctor Services, you consent to our use of cookies and similar technologies.

We may also collect technical data to address and fix technical problems and improve our UpdateMyDoctor Services, including the memory state of your device when a system or app crash occurs while using the UpdateMyDoctor Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the UpdateMyDoctor Services, you are consenting to the collection of this technical data.

Copyright Policy

Let us know if you think a user has violated your copyright using the UpdateMyDoctor Service, or if you think someone incorrectly reported that you violated his or her copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the UpdateMyDoctor Services infringe your copyright, you (or your agent) may send UpdateMyDoctor a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the UpdateMyDoctor Services are covered by a single notification, a representative list of such works);
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow UpdateMyDoctor to locate the material on the UpdateMyDoctor Services;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send UpdateMyDoctor a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the UpdateMyDoctor Services should be sent to [email address]. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

VII. UpdateMyDoctor’s Health-Related Information Practices; Confidential Information

UpdateMyDoctor complies with the requirements of the “Privacy Rule” and “Security Rule” as defined by Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”). We also comply with the 21st Century Cures Act.

We may use and disclose health-related information to provide our services as described in our Privacy Policy and as permitted by law.

We may use de-identified health-related information as permitted by law.

Use and Disclosure

We may use and process the health-related information posted to the UpdateMyDoctor Services for the proper management, provision, and administration of the UpdateMyDoctor Services and our business, and as required by law. We may also disclose health-related information if required or allowed by law. You agree that UpdateMyDoctor may use and share deidentified health-related information to the fullest extent permitted by law.

Data Transfers

We do not transfer health-related information to third parties, other than our vendors, suppliers and as required by law.

We will use appropriate administrative, physical, and technical safeguards to prevent the use or disclosure of health-related information other than as provided by these Terms.

Appropriate Safeguards

We will use appropriate safeguards to prevent the use or disclosure of health-related information other than as provided by these Terms, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information.

Security Incident

We will report to you any discovered use or disclosure of health- related information not provided for by these Terms, or when we determine that unauthorized access to health-related information has occurred.

Our Agents

We will ensure that any of our agents, suppliers, and vendors to whom we provide health-related information for purposes of assisting us in providing the UpdateMyDoctor Services agree to the same restrictions and conditions that apply to us with respect to such information, including the obligation to implement reasonable and appropriate safeguards to protect the privacy and security of your information.

Access, Amendment, and Accountings

We will honor your rights under the Privacy Rule to have access to and amend health-related information you posted to the UpdateMyDoctor Services. You may also request of us an accounting of disclosures by us of your health information, as required by the Privacy Rule.

Department of Health and Human Services (“HHS”) Audits

We will give HHS access to our internal practices, books, and records related to the use and disclosure of health- related information for the purposes of determining our compliance with the Privacy Rule and Security Rule.

UpdateMyDoctor Services retains the information you post to it for compliance and regulatory purposes and will cooperate with you regarding requests to delete information. We will provide you copies of health-related information in electronic form upon your request, if you decide to terminate your use of the UpdateMyDoctor Services.

Security Rule

We will comply with the provisions of the HIPAA Security Rule that are made applicable to business associates. We will notify you of the discovery of any breach of health-related information that we store and we will cooperate reasonably with you to investigate and mitigate any such breach. We will provide you with the necessary information to make any legally required notification to individuals.

Protection of Confidential Information

The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

Compelled Disclosure

The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.

VIII. Account Security

You are solely responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are solely and fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify UpdateMyDoctor of any loss or unauthorized use of your username or password or any other breach of security related to your account, and (b) ensure that you exit from your account at the end of each session. UpdateMyDoctor will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature if you have linking your UpdateMyDoctor account to any electronic mail service or other account.

IX. Website and Third-Party Content

Other than information received directly by you from Providers, the content on the UpdateMyDoctor Services should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE UPDATEMYDOCTOR SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. UpdateMyDoctor does not recommend or endorse any specific tests, providers, medications, products, or procedures.

The UpdateMyDoctor Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

Third-Party Browser Extensions

Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of your browser. Extensions may have privileges, including the ability to read, record and/or modify your private data, including PHI. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with UpdateMyDoctor and UpdateMyDoctor does not have visibility into which extensions any user may use. UpdateMyDoctor assumes no risk of loss of data or breach of such data due to your use of browser extensions.

Prior to using the UpdateMyDoctor Services, if you have one (or more) of these extensions enabled in your browsers, UpdateMyDoctor recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect your PHI. We recommend that you only access the UpdateMyDoctor Services from supported browsers that have all plugins and extensions removed.

Further, installing any third-party software on your operating system may also subject you to the same risks as using browser extensions. UpdateMyDoctor has no liability to you due to damages caused by any third-party software, including, without limitations, browser extensions.

X. Consent to Services

The UpdateMyDoctor Services respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third-party for purposes other than treatment, payment or health care operations, or improving the UpdateMyDoctor Services. In addition, by checking the “I AGREE” button you are authorizing Providers to release your contact information to UpdateMyDoctor to allow UpdateMyDoctor to provide you with access to the software services and information about additional clinical services and/or general wellness. You may opt out of receiving such information by contacting us at [email address].

XI. Consent for Treatment Performed by Providers

We are providing this information on behalf of Providers.

Telemedicine involves the use of communications to enable healthcare providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).

The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. At the end of each encounter, the patient will be provided an encounter summary, which may be kept for the patient’s records and may be shared with the patient’s local primary care or other provider, as appropriate.

Anticipated Benefits of Telemedicine:

• Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.
• More efficient medical evaluation and management.

Possible Risks of Telemedicine

As with any medical services, there are potential risks associated with the use of telemedicine. Provider believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

• Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment. UpdateMyDoctor may use a third-party for delivering communications related to medical evaluation and consultation or treatment. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE UPDATEMYDOCTOR HARMLESS FROM ANY LIABILITY ARISING FROM FAILED COMMUNICATIONS INCLUDING, WITHOUT LIMITATIONS, EMAIL, TEXT MESSAGES, TELEPHONE CALLS, AND VIDEO CALLS.
• Security protocols could fail, causing a breach of privacy of personal medical information.
• Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms, you acknowledge that you understand and agree with the following:

1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA notice from the Provider which explains these issues in greater detail.
2. I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.
3. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
4. I understand that my healthcare information may be shared with others (including health care providers and health insurers) for treatment, payment, and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me. If I obtain psychotherapy from Provider, I understand that my therapist has the right to limit the information provided to me if in my therapist’s professional judgment sharing the information with me would be harmful to me.
5. I further understand that my healthcare information may be shared in the following circumstances:
1. When a valid court order is issued for medical records.
2. Reporting suspected abuse, neglect, or domestic violence.
3. Preventing or reducing a serious threat to anyone’s health or safety.

Patient Consent to the Use of Telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms, I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

XII. Consent To Communications and Monitoring/Recording of Voice Calls and Text Messages Made Through The Service

By providing UpdateMyDoctor with your contact information and using the UpdateMyDoctor Services, you agree to receive communications, including via email and phone calls (including text messages and calls made using an autodialer or prerecorded voice message), or by posting notice on the UpdateMyDoctor Services, from or on behalf of UpdateMyDoctor or the Provider at the email address or telephone number you provided even if that number is on a National or State Do Not Call List, or via the UpdateMyDoctor Services. These calls and messages may be for informational and customer service-related purposes, such as to provide you with the information or consultation you requested. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.

UpdateMyDoctor and its service providers on its behalf may, without further notice or warning and in our discretion, monitor and/or record video and voice calls and text message-based communications for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others, and you hereby consent to such monitoring and recording.

You may opt-out of receiving some text (SMS) messages from UpdateMyDoctor at any time by texting the word STOP to from the mobile device receiving the messages. HOWEVER, IN EXCHANGE FOR USING THE UPDATEMYDOCTOR SERVICES, YOU ARE PROHIBITED FROM OPTING-OUT OF RECEIVING TEXT (SMS) MESSAGES RELATED TO MEDICAL EVALUATION AND CONSULTATION OR TREATMENT.

You understand and agree that you may continue to receive communications while UpdateMyDoctor processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the UpdateMyDoctor Services.

UpdateMyDoctor may request that you designate an authorized representative to receive medical evaluation and consultation or treatment information. Upon UpdateMyDoctor’s request that you designate an authorized representative, you will be required to sign and complete a Medical Authorization Form. If you revoke your authorization or fail to provide another authorized representative, your use of the UpdateMyDoctor Services will be terminated. You understand that your treatment from Providers is not conditioned upon signing and maintaining the Medical Authorization Form. Instead, your use of the UpdateMyDoctor Services is conditioned upon signing and maintaining the Medical Authorization Form when requested.

XIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE UPDATEMYDOCTOR SERVICES IS AT YOUR OWN RISK. THE UPDATEMYDOCTOR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE UPDATEMYDOCTOR SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE UPDATEMYDOCTOR SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE UPDATEMYDOCTOR SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE UPDATEMYDOCTOR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS (THE “ RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE UPDATEMYDOCTOR SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE UPDATEMYDOCTOR SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE UPDATEMYDOCTOR SERVICES OR THE DATA COLLECTED THROUGH THE UPDATEMYDOCTOR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UPDATEMYDOCTOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree that your sole remedy for any claim arising out of or connected with the UpdateMyDoctor Services will be to cease using the UpdateMyDoctor Services.

You acknowledge and agree that UpdateMyDoctor is not engaged in the practice of medicine and that UpdateMyDoctor is not determining appropriate medical use of the services. UpdateMyDoctor, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.

XIV. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DEMANDS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH: (I) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT; (II) YOUR USE OF OR RELIANCE ON ANY UPDATEMYDOCTOR IP, THE CONTENT OR SERVICES, OR THE USE OF THE UPDATEMYDOCTOR SERVICES; (III) ANY ACTIVITY ON THE UPDATEMYDOCTOR SERVICES UNDER YOUR LOG-IN CREDENTIALS; (IV) YOUR BREACH OF THESE TERMS; OR (V) ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH THE RELEASED PARTIES ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

XV. Termination of Your Access to the Service

You may terminate your use of the UpdateMyDoctor Services at any time by not using the UpdateMyDoctor Services anymore. If you wish to terminate your account, you can do so by contacting UpdateMyDoctor via email at [email address]. If you terminate your account, your account may remain active until the end of your then-current month. UpdateMyDoctor may in its sole discretion terminate your account on the UpdateMyDoctor Services or suspend or terminate your access to the UpdateMyDoctor Services at any time for any reason or no reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the UpdateMyDoctor Services (unless UpdateMyDoctor terminates your access due to your breach of these Terms). If you violate any provision of these Terms, your permission from UpdateMyDoctor to use the UpdateMyDoctor Services will terminate automatically. If we terminate your use of the UpdateMyDoctor Services because you have breached these Terms or any other agreement you have entered into with UpdateMyDoctor, you will not be entitled to any refund of any fees you may have paid to us. We are not required to provide you with notice prior to terminating your use of the UpdateMyDoctor Services or a reason for such termination. Upon the termination of your account, any aspect of the UpdateMyDoctor Services, or this agreement for any reason, UpdateMyDoctor may at its option delete any data and/or Content you submitted through the UpdateMyDoctor Services. We reserve the right to refuse to provide the UpdateMyDoctor Services to you in the future.

XVI. Force Majeure

To the fullest extent permitted under applicable law, UpdateMyDoctor will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event.

For purposes of this section, “ Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God, including pandemics or epidemics; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e) telecommunications, network, computer, server or Internet disruption or downtime; (f) unauthorized access to UpdateMyDoctor’s information technology systems by third parties; or (g) other causes beyond the reasonable control of UpdateMyDoctor.

XVII. Dispute Resolution

Prior to filing any cause of action, or legal proceeding, with the requisite court of law, UpdateMyDoctor and You (the “Parties”) agree that they will first be required to attend in-person mediation in Dallas, Texas. Both Parties agree that they will send a representative with full settlement authority to the mediation. The cost of the in-person mediation shall be split amongst the Parties but shall not include travel costs of either party associated with attending the in-person mediation. Notwithstanding the foregoing, the pre-suit mediation requirement will be waived and not required in the event UpdateMyDoctor brings an action against You for unpaid services fees or other unpaid fees.

XVIII. Choice of Law and Venue

The UpdateMyDoctor Services are intended for use by residents of the United States and its territories. We do not intentionally provide access to the UpdateMyDoctor Services to individuals located outside the United States and its territories. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed without reference to its principles of conflict of laws. You expressly agree that any legal action or proceeding between UpdateMyDoctor and You for any purpose concerning or related to these Terms or the Parties’ obligations hereunder shall be brought exclusively in a court of record for Dallas County, Texas or the United States District Court for the Northern District of Texas—Dallas Division. You covenant not to sue UpdateMyDoctor in any other forum. You hereby agree to consent to personal jurisdiction of the state and federal courts situated within the State of Texas for purposes of enforcing these Terms and you hereby waive any objection that You might have to personal jurisdiction or venue in those courts. Neither the course of conduct and/or course of dealing between the Parties nor trade practices shall act to modify any provision of these Terms.

XIX. Compliance with Dispute Resolution and Venue

In the event that either of the Parties fails to comply with the Dispute Resolution procedure set for in Section XVIII of these Terms, and files a cause of action or legal proceeding prior to a required mediation taking place; or in the event either of the Parties files any cause of action or legal proceeding in a court of law against the other in a court of law other than a court of law identified in Section XVIII of these Terms, the filing Party agrees to pay the non-filing Party’s reasonable attorneys’ fees and all costs and expenses incurred with respect to defending such improperly filed cause of action or legal proceeding.

XX. Miscellaneous

These Terms, together with the UpdateMyDoctor Patient Privacy Policy, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the UpdateMyDoctor Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the UpdateMyDoctor Services or information provided to or gathered by us with respect to such use.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

You certify that you have read, accept, and hereby consent to the terms of these Terms, and your acceptance of these terms constitutes your electronic signature to these Terms. You agree that you may be sent electronic notices to the email address provided during your registration for the UpdateMyDoctor Services. Any notice sent to that email address will be effective once delivered, regardless of whether or not you actually received the notice or choose to read it. These Terms constitute the sole agreement between you and UpdateMyDoctor for your use of the UpdateMyDoctor Services, and any further statements or inducements, oral or written, not contained in these Terms shall not bind either you or UpdateMyDoctor. Any of the terms of these Terms which are invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of these Terms.

You agree to comply with these Terms, on behalf of yourself and on behalf of any other person on whose behalf you may be seeking medical care. You understand and agree that if you fail to comply with these Terms, you may be prohibited from using the UpdateMyDoctor Services, and you will hold UpdateMyDoctor harmless from any liability arising from your failure to comply.